Terms of Use

The Terms of Use were last modified in June 2010.


READ BEFORE CONTINUING - YOUR ACCEPTANCE OF TERMS OF USE

Fidelity Investments Canada ULC (“FIC”) is pleased to provide you with the information on the Pyramis.ca (“Pyramis Services Website”). Your use of the Pyramis Services Website is subject to the following Terms of Use (“Terms”).

These Terms are a binding contract between you and FIC. By using or accessing the Pyramis Services Website, you accept and agree to be bound by these Terms. Your use of the Pyramis Services Website is governed by the version of the Terms in effect on the date the Pyramis Services Website is accessed by you. FIC may modify these Terms at any time and without prior notice. You should review the most current version of this document by visiting the Pyramis Services Website and clicking on the Terms of Use hyperlink located at the bottom of the page. These Terms are in addition to any other agreement(s) between you and FIC, including any customer or account agreement, and any other agreement that govern your use of products, services, content, tools and information available on the Pyramis Services Website.


USE OF THE PYRAMIS SERVICES WEBSITE

The Pyramis Services Website is intended only for your personal, non-commercial use, unless you and FIC have agreed otherwise in writing.


PYRAMIS

The business unit of Pyramis Global Advisors ("Pyramis") consists of Pyramis Global Advisors Holdings Corp, a Delaware corporation, Pyramis Global Advisors, LLC, a registered investment adviser (PGA LLC), Pyramis Global Advisors Trust Company, a New Hampshire chartered trust company (PGATC), Fidelity Management Trust Company, a Massachusetts chartered trust company (FMTC), Pyramis Canada ULC, an Ontario and Québec registered investment adviser, PYR-UK Limited, a U.K. research provider and FIC, a non-U.S. company. Investment services are provided by PGA LLC, PGATC, FMTC and/or Pyramis Canada ULC. Certain products available through FIC are distributed by our affiliated broker-dealer, Fidelity Alternative Investments Group, a division of Fidelity Investments Institutional Services Company, Inc. The Pyramis entities are subsidiaries of FMR LLC.


FIDELITY INVESTMENTS

Fidelity Investments refers to the group of affiliated companies including FMR LLC and Pyramis.


FIDELITY INTERNATIONAL

Fidelity International refers to FIL Limited, a non-U.S. company, and its subsidiaries.


FIDELITY

For purposes of the Pyramis Services Website, the term "Fidelity" refers to the combined resources of Fidelity Investments and Fidelity International.


INSTITUTIONAL INVESTOR

For purposes of the Pyramis Services Website, the term "Institutional Investor" includes but is not limited to sophisticated non-retail investors such as investment companies, investment advisors, plan sponsors, endowments, foundations, governmental entities and individuals of high net worth. Certain products and investment services may only be offered to Institutional Investors who are also “accredited investors” as defined by National Instrument 45-106 - Prospectus and Registration Exemptions.


INFORMATION FOR NON-CANADIAN INVESTORS

The Pyramis Services Website is intended to be made available only to current and prospective Institutional Investors residing in Canada. Nothing on the Pyramis Services Website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.


NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE; NO OFFER TO BUY OR SELL ANY SECURITIES

Generally, the Pyramis Services Website and any materials or documents found therein is not intended to provide tax, legal, insurance or investment advice, and nothing on the Pyramis Services Website and any materials or documents found therein should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by FIC or any third-party. FIC does not provide legal or tax advice, and we encourage you to consult your own lawyer, accountant or other advisor before making an investment.


FORWARD-LOOKING STATEMENTS/PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS

This site may include materials and documents containing forward-looking statements which are based on our opinions, expectations and projections as of the date made. FIC undertakes no obligation to update or revise any forward-looking statements, and users should check the "as of" dates of all published materials. Actual results could differ materially from those anticipated in the forward-looking statements. Past performance is no guarantee of future results. In addition, FIC, its affiliates and staff may own or have positions in any investment mentioned herein or any investment related thereto and from time to time add to or dispose of any such investment.


COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS

The Pyramis Services Website is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Pyramis Services Website, including any text, graphics, video, audio, software code, user interface design or logos.

Unless you and FIC have agreed otherwise, links from another website to the Pyramis Services Website must resolve to the top-level homepage of the Pyramis Services Website domain (e.g., www.pyramis.ca).

In order to avoid confusion, if you do link from another website to the FIC top-level homepage, your website, and the link itself, may not suggest that FIC endorses, sponsors or is affiliated with any non-FIC, entity, service or product, and may not make use of any trademarks or service marks of FIC, Pyramis or any of their affiliates other than that contained within the text of the link itself.

All trademarks and service marks on the Pyramis Services Website belong to FMR LLC or an affiliate, except for third-party trademarks and service marks, which are the property of their respective owners.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FIC with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
  • An identification of the allegedly infringing material, and a description of where that material is located on the Pyramis Services Website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement by you that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

FIC's Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Mark J. Laffey, Esq., Fidelity Investments, 82 Devonshire Street, F7D, Boston, MA 02109
By phone: (617) 563-5658
By email: CopyrightClaim@fmr.com


THIRD-PARTY CONTENT AND SITES

The Pyramis Services Website includes general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects. Some of that content is supplied by companies that are not affiliated with FIC or Pyramis (“Third-Party Content”). Most Third-Party Content is available through framed areas or through hyperlinks to third-party websites, and its source is clearly and prominently identified.

Although Third-Party Content may be framed-in on the Pyramis Services Website or available through a link to a third-party site, FIC does not prepare, edit or endorse Third-Party Content. FIC therefore does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products or other materials on or available from third-party sites. You will use Third-Party Content only at your own risk.


TIMELINESS OF CONTENT

All content on the Pyramis Services Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.


PROHIBITED USES

Because all servers have limited capacity and are used by many people, do not use the Pyramis Services Website in any manner that could damage or overburden any FIC or its affiliates' server, or any network connected to any FIC or its affiliates' server. Do not use the Pyramis Services Website in any manner that would interfere with any other party's use of the Pyramis Services Website.


MEANS OF ACCESS

The Pyramis Services Website is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the Pyramis Services Website, be aware that the Pyramis Services Website may not appear accurately through other access methods, and you use them only at your own risk.

You should not access the Pyramis Services Website through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by FIC.

Certain parts of the Pyramis Services Website are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Pyramis Services Website, or to any other protected materials or information, through any means not intentionally made available by FIC for your specific use.


PASSWORD SECURITY AND NOTIFICATION

If you have a Personal Identification Number (PIN) for access to non-public areas of the Pyramis Services Website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify FIC immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.


DISCLAIMER OF WARRANTIES

  • FIC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PYRAMIS SERVICES WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  • THE PYRAMIS SERVICES WEBSITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND FIC DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
  • FIC DOES NOT WARRANT THAT THE PYRAMIS SERVICES WEBSITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FIC ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE PYRAMIS SERVICES WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PYRAMIS SERVICES WEBSITE WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

  • FIC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE PYRAMIS SERVICES WEBSITE AND THIRD-PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF FIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  • FIC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH FIC DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
  • IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

As a condition of your use of the Pyramis Services Website, you agree to indemnify and hold FIC and its third-party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Pyramis Services Website, or from your violation of these Terms.


CHANGES TO THE PYRAMIS SERVICES WEBSITE

Unless otherwise agreed, FIC may discontinue or modify the Pyramis Services Website at any time without prior notice to you, and you accept those modifications if you continue to use the Pyramis Services Website.


TERMINATION

FIC may terminate your access to the Pyramis Services Website for any reason, without prior notice.


GOVERNING LAW

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Province of Ontario, without regard to conflicts of law, and shall inure to the benefit of FIC successors and assigns, whether by merger, consolidation or otherwise.


SEVERABILITY

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Contact Us

Fidelity Investments Canada ULC
483 Bay Street, Suite 300
Toronto, Ontario
M5G 2N7
1 (800) 817-5448
pyramiscanada@fmr.com

Media Relations
Chris Pepper
Director, Corporate Affairs
(416) 307-5388


Pyramis - 900 Salem St

Consultant Relations

Institutional Sales

Institutional Client Management